THE OPEN RTLINUX PATENT LICENSE This License governs the royalty-free use of the process defined by U.S. Patent No. 5,995,745. Anyone can license the use of the Patented Process by agreeing to be bound by the terms of this License. Such person is considered to be the Licensee ("Licensee"). The Patented Process may be used, without any payment of a royalty, with two (2) types of software. The first type is software that operates under the terms of a GPL (as defined later in this License). The second type is software operating under Finite State Machine Labs Open RTLinux (as defined below). As long as the Licensee complies with the terms and conditions of this License and, where applicable, with the terms of the GPL, the Licensee may continue to use the Patented Process without paying a royalty for its use. You may use the Patented Process with software other than the two types mentioned above but you must first obtain a separate license for such use. The first step is to contact Finite State Machine Labs (http://www.fsmlabs.com). DEFINITIONS 1. "Patented Process" means the process covered by U.S. Patent No. 5,995,745, issued November 30, 1999 and entitled ADDING REAL-TIME SUPPORT TO GENERAL PURPOSE OPERATING SYSTEMS. 2. "License" means this License in its entirety, also known as the Open RTLinux Patent License. 3. "Licensor" means Victor Yodaiken, the inventor and owner of U.S. Patent No. 5,995,745. 4. "You" means any person or entity that makes use of the Patented Process or agrees to be bound by provisions of this License ("Licensee"). 5. "GPL" means The Free Software Foundation's General Public License Version 2. 6. "Open RTLinux Software" means unmodified software labeled "Open RTLinux code" by Finite State Machine Labs Inc. and: Ľ In the case of a binary distribution, the complete set of executable programs, including linked files and any and all other accompanying files, such as documentation; Ľ In the case of an installation for use, the complete set of executable programs, any linked files, any attached files and any and all other accompanying files, such as documentation; Ľ In the case of a source distribution, the complete set of unmodified source files, and any and all documentation included with the source code. 7. "Open RTLinux Execution Environment" means: A computer hardware system where the interrupt control hardware of processors and system boards is under the direct control of unmodified Open RTLinux software in binary form. Configuration by a Licensee using the configuration tools provided by Licensor is not considered a modification unless such configuration includes a change to Open RTLinux code that is not provided as an option through the configuration tool. 1. APPROVED USE In addition to the other terms and conditions of this License, use of the Patented Process is permitted, without fee or royalty, when used: A. By software licensed under the GPL; or B. By software that executes within an Open RTLinux Execution Environment - whether that software is licensed under the GPL or not. 2. YOUR OBLIGATIONS 1. Any use of the Patented Process must include labeling the product or service that includes the Patented Process with the following language: "Used, under license, U.S. Patent No. 5, 995,745." 2. A copy of these conditions and terms must be attached to or included with any distribution of any product or service that uses the Patented Process. It must be made clear to anyone that uses your product or service that all subsequent uses must also comply with the conditions and terms of this License and (where appropriate) the GPL. Before you can distribute any products or services that use the Patented Process, you must require that the proposed subsequent user, before incorporating the Patented Process into any subsequent use, as opposed to merely reviewing and analyzing the Patented Process, send an E-mail to license@fsmlabs.com and acknowledge receipt of the Patented Process and agreement to all License conditions and terms thereby becoming a Licensee. 3. If you are using this Patented Process according to the conditions of this License for GPL software and you are distributing or otherwise making your software available outside your company then you must not place any artificial impediments to free access to your software source code. If you distribute your software or market your software through some web site on the World-Wide-Web, you must make source code for the software that makes use of the Patented Process immediately available on this web site for all to access. Any subsequent use must comply strictly with the terms of the GPL and with this License. Failure to comply with the terms of the GPL will result in an automatic termination of this License. 4. Open RTLinux software is released under the GPL and you must comply with the terms of the GPL where applicable. Any modification of Open RTLinux code outside of the terms of the GPL is considered a material breach of this license. Any modification of Open RTLinux code results in code that is not "Open RTLinux code" in the terms of this license and this code cannot be used under the provisions of the section on Approved Use, subparagraph (B) above. 5. Licensee and any subsequent user of the Patented Process through Licensee's products or services will give notice of their full name, address, telephone number, E-mail address and date of first use or access to the Patented Process, whichever is earlier, to Licensor by sending an E-mail to license@fsmlabs.com. 6. You will keep complete and accurate records of all commercial uses of the Patented Process and all commercial distributions of the Patented Process whether that distribution occurs directly or as part of your products or services. You will also provide copies of all such records upon request from Licensor. 7. All notices, requests, demands, payment of invoices and other communications shall be in writing and sent by facsimile, nationally recognized overnight carrier, or certified mail, postage prepaid, to: Victor J. Yodaiken Finite State Machine Labs, Inc. 914 Paisano Drive Socorro, New Mexico 87801 8. This Agreement is the entire agreement between the parties with respect to this subject matter. 9. This Agreement shall be governed by the laws of the State of New Mexico, without giving effect to principles of conflicts of law. In addition, any action o
r proceeding arising from or relating to this Agreement must be brought in a federal court in New Mexico. Each party irrevocably submits to the jurisdiction of venue of any such court. 10. Licensor shall have no liability for any indirect, incidental, special, punitive or consequence of damages, including without limitation, loss of profit or business opportunities, whether or not advised of the possibility of such damages. Licensor expressly disclaims any representations or warranties, expressed or implied, regarding the product or services contemplated by this Agreement, including any implied warranty of merchantability or fitness for a particular purpose. 3. TERMINATION AND LIMITATIONS 1. The term of this License will be limited by compliance of the Licensee. If you do not comply with the conditions and terms of this License, the License will be automatically terminated and all use of the Patented Process must stop. This Agreement shall commence as of the date this Agreement is executed by both parties and shall remain in full force and effect until Three-Hundred-and-Sixty-Five (365) calendar days from the date of execution subject to prior termination as provided below. Execution shall be deemed complete as of the moment the Licensee acknowledges acceptance of all terms of this Agreement by clicking on the "I agree" icon found on Licensor's web site (http://www.fsmlabs.com) or by sending written confirmation of acceptance by electronic mail to license@fsmlabs.com. Unless this Agreement is terminated as provided below, this Agreement shall automatically renew for periods of Three-Hundred-and-Sixty-Five (365) calendar days each until the expiration of the U.S. Patent on the Licensed Process. 2. The Licensor owns all right, title and interest to the patent. The Licensor is not obligated to defend or indemnify any Licensee against any suit, damage, claim or allegation of patent infringement resulting from any use of the Patented Process. In the event of any such occurrence, the Licensor will cooperate with Licensee, at Licensee's expense. 3. The Licensor may terminate this License and end all uses of the Patented Process if, for any reason, Licensor believes that the Licensee is, or is about to become, bankrupt. In addition, Licensor may terminate this License and end all uses of the Patented Process if Licensee files a petition for bankruptcy or if an involuntary petition for bankruptcy is filed against Licensee during a bankruptcy proceeding. 4. The Licensor has the right to terminate this License or any license between the parties if there is breach of any of these conditions and terms and will give thirty (30) days' notice of that termination by electronic mail ("E-mail") sent to the E-mail address provided by the Licensee. 5. Licensee acknowledges that no other representations by Licensor exist and that no other agreements exist between Licensee and Licensor. This Agreement will be construed and interpreted according to the laws of the State of New Mexico.